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The Edinburgh Legal History Blog Posts

Itinéraires d’histoire de la procédure civile. 2. Regards étrangers

Published 27 September 2020 by jcairns

In 2014, the team of Loïc Cadiet, Serge Dauchy and Jean-Louis Halpérin published Itinéraires d’histoire de la procédure civile: 1. Regards français. This was the first product of a seminar that aimed to rectify a gap in the literature caused by the fact that much less attention had been paid to the history of civil procedure than to that of civil law. The volume is valuable. But in the common-law countries, of course, as the detailed common law had emerged from procedure, and the main focus had long been on the development of the law through decided cases, the issue was not so pressing. Of course, one can caricature the differing legal historiographies. The great difference between many of the continental countries and the British experience was codification, and the early-nineteenth-century exportation of French legal ideas over much of continental Europe.

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